Trademark

Parents Beware: ShriRam School Trademark Dispute


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Parents would never have dreamt that their sad lot would feature in an IP post As if spending sleepless nights mulling over school admissions for their children was not enough, parents now have the added woe of trying to identify which school is the original and reputed one! With alleged copycats floating around – making parents’ lives more miserable! Would you be deceived into thinking that ShreeRam World School is in some way associated with Shri Ram School? Well, prima…


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Copyright Innovation Others Patent Trademark Traditional Knowledge

Guest Post: The Twelve Gifts of a National Intellectual Property Policy


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In a recent post here, we had unveiled the Baseline Draft National IP Policy that I opined, though later mysteriously discarded, was a very well thought out document. We’re delighted to bring to our readers a fantastic guest post by Prof Sivaramjani Thambisetty with further thought on what a National IP Policy ought to consider. Prof Thambisetty is an Associate Professor of Intellectual Property Law at London School of Economics and Political Science, as well as a long time friend of the blog. Her…


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Patent

Patents, Price Gouging and the Enduring Enigma of Drug Costs


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In a post yesterday, I expressed my bewilderment at the closure of India’s first (post TRIPS) compulsory licensing dispute by the apex court which, while refusing to admit Bayer’s appeal, curiously noted that it was leaving the “questions of law” open. Jagdish Sagar, an IP practitioner and thought leader noted in the comments section that: “I share your puzzlement, but this is not the first such gnomic order that I have seen.” Investment Protection for Drug Originators: Mandatory Submission of…


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Copyright Trademark

David Turns Goliath? Looking at Micromax’s injunction against OnePlus


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In the latest twist to the smartphone wars, Micromax received an order (not ex-parte this time thankfully) in its favour restraining OnePlus from selling devices in India with the CyanogenMod Core Operating System and the CyanogenMod TM. The Android Operating System (“OS”) is customisable, so companies like Cyanogen make modifications to the stock Android OS and distribute it under their names and Trademarks. CyanogenMod OS is one such modification that Cyanogen had initially by means of a non-exclusive license, licensed…


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Patent Trademark

Novartis sues Cipla over infringement of Onbrez patents: HC reserves judgement


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Close on the heels of the health ministry’s statement regarding patent revocation, Novartis has sued Cipla for infringing patents covering Onbrez (Indacaterol-drug used to treat chronic obstructive pulmonary disease) and sought damages. Onbrez is protected by 5 patents in India – IN222346 (product patent- expiring in 2020); IN214320 (composition patent- expiring in 2021); IN230049, IN210047 and IN230312 (process patents- expiring in 2024). Earlier last month Cipla had launched a low cost generic version of Onbrez and petitioned to DIPP requesting…


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Events Sponsored

Register for INTA’s India Emerged: Protecting Your Brand in India’s Evolving Economy Conference


inta

SpicyIP is pleased to announce the International Trademark Association (INTA)’s 2015 Regional Conference to be held on February 7th, 2015 in New Delhi. Details are as follows: The world is watching India with positive anticipation. The new Indian government is dedicated to establishing a vibrant intellectual property regime in the country. By joining the Madrid Protocol, India has instilled confidence in global brand owners; closer to home, India will soon have a national IP policy to promote national interests. INTA…


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Patent

The latest Xiaomi Order: Some Questions?


Thomas reported earlier today on the small breather than Xiaomi received from the Delhi High Court, after being at the receiving end of an unfortunate ex parte injunction. Xiaomi fans in India will no doubt celebrate the fact that Xiaomi can continue to sell. However, this order leaves open some questions. For if Xiaomi has to purchase from Qualcomm (a licensee authorised by Ericcson), wouldn’t the doctrine of patent exhaustion apply? As I noted in an earlier post here, once…


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Patent

India’s First Compulsory Licence: Open Ended?


While dismissing the SLP (special leave petition) of Bayer, the Supreme Court noted that: “In the facts of the present case, we are not inclined to interfere. The Special Leave Petition is dismissed, keeping all questions of law open.” What exactly does this mean? Honestly, it left me a bit puzzled. Wasn’t it the job of the highest court of the land to apply its mind to questions of law? If so, why did it leave it “open”? And if issues…


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Trademark

The Delhi High Court Takes a Knife to the Anti-Dissection Rule


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M/s South India Beverages Pvt. Ltd. v. General Mills Marketing Inc. & Anr. In a recent trademark appeal at the Delhi High Court over two allegedly similar marks ‘HAAGEN DAZS’ and D’DAAZS the Court upheld the order of the Single Judge granting an interim injunction against use of the latter mark by the appellant-defendant. Both the appellants and the respondents were engaged in the business of the sale of ice-creams and related dairy products, although admittedly in different price brackets….


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Patent

SpicyIP Tidbit: Xiaomi Appeals Injunction, Allowed to Sell Devices


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In a spicy twist to the battle raging on in the Delhi High Court between Xiaomi and Ericsson, a new Division Bench order provides some respite for the former. Xiaomi had appealed the injunction that was granted against it ex-parte by a Single Judge bench on the 8th of December this year. The Division Bench orders, as can be gathered from the information available here, that Xiaomi is allowed to sell its devices in India, subject to a number of…


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